We purchased our home in December 2013 and have a home warranty through the company, One Guard. We noticed our AC stopped cooling fully on Thursday May 29, 2014. We gave it a couple days and contacted One Guard online to schedule an AC repair service call. They sent a technician from Speedy Electric and AC out on Wednesday June 4, 2014. The first thing he did, before even looking at the outside unit, was check to see if the air filter was dirty, I have no doubt to see if the claim could be denied for "no maintenance". He then checked out the unit and told me that the capacitor and the compressor on the outdoor AC unit were both out and would need to be repaired. He told me that he would probably suggest a new outdoor unit as ours was so old but that he didn't know what One Guard would want to do. He noted on the quote he left that "Found dirty filter on system, condensor coils on system extremely damaged. Found internally shorted condensor fan motor & compressor. Must contact 1 Guard for repairs." The condensor coils being damaged were notated on our inspection report, which the technician from Speedy Electric and AC asked me to look at which tells me that One Guard did not inspect the house prior to selling us the policy, and probably explaining why this was on his quote. We had asked the seller to have this repaired prior to buying the house, they had countered stating that they would have a HVAC professional come inspect the unit and would repair if needed, however we never saw any proof of that. (Our realtor is currently looking into getting those receipts) The technician assured me that his company would be contacting One Guard first thing the following morning and that I should have an answer by the following afternoon (June 5 2014). I followed up with them the afternoon of the 5th and they still had no answer, and actually hadn't contacted One Guard yet. I called back around 1 or 2 PM on the 6th and was told that they were awaiting an answer from One Guard. I called One Guard immediately and was told they didn't have an answer yet. I called back on the 7th and was told the name of the man that was handling the claim and that he wasn't in his office but someone from his department would be available Sunday the following day. I called back Sunday, the 8th, and was told the same thing, but that they would email the man handling my claim and I should have an answer one way or another the following day. Finally was able to speak with the man on Monday the 9th and he even admitted to me that he was just then reading my claim information and wouldn't be able to have an answer for me right then and asked if he could call me back in half an hour. About an hour and a half later I got a phone call from another lady from One Guard informing me that because the inspection report showed damage to the condensor coil blades and that it hadn't been taken care of yet that they were denying the claim. I had another company come look at everything on Tuesday the 10th and he informed me that the issue was actually a bad freon leak at the header plate as well as a bad run capacitor and that it wouldn't be cost effective to repair the unit, that it needed to be replaced.
So I guess my question is two fold:
Is there anyway to make the warranty company pay out?
And what are our legal option regarding the seller not providing proper receipts for repairs they were obligated under contract to do? Could they be responsible for the replacement cost since the warranty company had denied the claim because of something they failed to do?
What should we do?
So I guess my question is two fold:
Is there anyway to make the warranty company pay out?
And what are our legal option regarding the seller not providing proper receipts for repairs they were obligated under contract to do? Could they be responsible for the replacement cost since the warranty company had denied the claim because of something they failed to do?
What should we do?
